McIlwain Civil Engineering Pty Limited Summary

[2013] FWCA 4326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

McIlwain Civil Engineering Pty Limited
(AG2013/1651)

MCILWAIN CIVIL ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 JULY 2013

Application for approval of the McIlwain Civil Engineering Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 26 June 2013 by McIlwain Civil Engineering Pty Limited for the approval of a single-enterprise agreement known as the McIlwain Civil Engineering Pty Ltd Enterprise Agreement 2013 (“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, McIlwain Civil Engineering Pty Limited applied for the approval of the McIlwain Civil Engineering Pty Ltd Enterprise Agreement 2013. The respondent to the application was the Construction, Forestry, Mining and Energy Union. The primary dispute was over whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around the compliance of the enterprise agreement with the provisions of the Fair Work Act, particularly sections relating to the registration of agreements and the requirements for the agreement to facilitate the improvement of workplace relations. The court had to determine if the agreement was sufficiently in the public interest, and whether it met the criteria for facilitating the improvement of workplace relations as required by the Act.

The Fair Work Commission examined the contents of the agreement and the process by which it was made. The Commission noted the absence of any bargaining between the parties and the reliance on the Fair Work Commission's Good Faith Bargaining Declaration. The Commission found that the agreement did not adequately address key employment conditions and that the process of its creation did not sufficiently facilitate the improvement of workplace relations. Consequently, the Commission concluded that the agreement did not meet the statutory requirements for approval and dismissed the application for approval.

The final orders of the Commission were that the application for approval of the enterprise agreement be dismissed. The agreement was not to be registered, and accordingly, would not have legal effect.

McIlwain Civil Engineering Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established